Date: 19971126
Docket: IMM-4676-97
BETWEEN:
LI GUO XU,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
WETSTON, J.
[1] The Application is for a stay of the execution of the Exclusion Order made against the Applicant on October 28, 1997. The test for a stay is three-fold, i.e., serious question, irreparable harm and balance of convenience.
[2] An Application for judicial review of the Exclusion Order made against the Applicant has been filed, but leave has not yet been granted.
[3] Is there a serious question in this case? In my opinion, despite the able arguments of counsel for the Applicant, the jurisprudence of this Court suggests that no serious question exists in this case. As in the decision of Nayci v. Canada (Minister of Citizenship and Immigration) (1995) 105 F.T.R. 122, issues of credibility underpin considerations as to the existence of a serious question in this matter. I have also considered the application of the principles in Dehghani v. Canada (Minister of Employment and Immigration) [1993] 1 S.C.R. 1053, which pre-dated certain amendments to the Immigration Act dealing with the secondary examination by an immigration officer. Nayci (supra) and Mbulu v. Canada (Minister of Citizenship and Immigration) (1995) 29 Imm. L.R. (2d) 250, were decided after the Amendments and with Dehghani (supra) in mind.
[4] In the event that I am incorrect with respect to the existence of serious question, there is, in my opinion, no irreparable harm. While serious jeopardy to life or safety of the person may be too high a standard in some cases, the harm that is claimed must, at the very least, be non-speculative and credible. In this sense, the existence of irreparable harm is fact specific. In this case, I am unable to conclude that irreparable harm exists.
[5] Accordingly, it is unnecessary to consider the balance of convenience and the Application for a stay is dismissed.
(Sgd.) "Howard I. Wetston"
Judge
Vancouver, British Columbia
26 November, 1997
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-4676-97
STYLE OF CAUSE: LI GUO XU,
Applicant,
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: November 24, 1997
REASONS FOR ORDER OF THE COURT BY: WETSTON, J.A.
DATED: November 26, 1997
APPEARANCES:
| Mr. P. Dimitrov for Applicant |
| Ms. W. Petersmeyer for Respondent |
SOLICITORS OF RECORD:
| Mr. Peter Dimitrov for Applicant |
| Barrister and Solicitor |
| George Thomson for Respondent |
Deputy Attorney General of Canada